Uncategorized

Valganciclovir Patent Revoked!


revoked

In a matter that was remanded to the Controller of Patents by the IPAB, the patent granted to Valganciclovir was revoked by the Controller. (For a history of the developments on this matter, you can read our previous posts here) Valganciclovir is a anti-retroviral drug used for the treatment of active cytomegalovirus retinitis (CMV) infection. This infection if not treated, can cause blindness in persons living with HIV. It is also used for post operative treatment for persons who have…


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Copyright Others Trademark

Guest Post: Taxing Transfers of the Right to use IPs (Part II)


In this two-part series, Ashwini Vaidialingam, a V Year Student at NLSIU, Bangalore analyses the recent development in the law surrounding taxation of right to use intangible goods, its validity and implications for IP Transactions. Read Part I here.  In the previous post, I examined the peculiar stance Maharashtra has adopted on what amounts to “transfers” of right to use IPs. I had argued that the stand taken by the Bombay HC blurs the line between transfers of right to use…


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Copyright Others Trademark

Guest Post: Taxing Transfers of the Right to Use IPs (Part I)


We are happy to bring to you a two-part Guest Post by Ashwini Vaidialingam, a V Year Student at NLSIU, Bangalore who is interested in Taxation and IP Law. She analyses the recent development in the law surrounding taxation of right to use intangible goods, its validity and implications for IP Transactions.  The Commissioner of Sales Tax, Mumbai issued a Trade Circular on 13th July, 2015 (available here) declaring that Maharashtra VAT is leviable on transactions involving the transfer of…


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Patent

Guest Post: What constitutes a valid proof of right for filing patent applications in India?


Conflict Management

We are happy to present to you a guest post by Sejal Agarwal and Paazal Arora, students of the ILS Law College, Pune. They take notice of the increasingly common practice in patent filing of not including a Proof of Right; and examine the common defence of most institutional applicants, that pre-existing Employment Contracts sufficiently provide this Proof of Right. They argue that this defence should not hold up because submission of Form 1/Assignment Deed is compulsory to safeguard the…


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Designs Patent

Recruitment of examiners of patents and designs – IPO


IPOrecruitment

Some of our readers would be glad to note that our patent office is conducting a recruitment drive for examiners of patents and designs at our patents offices.   This is certainly music to the ears of not just the inventors, but also to industry and the patent office, as well as patent practitioners!  This will go a long way in reducing the backlog of pending applications. More details can be seen at: http://recruitmentnpc.in The process of application is entirely online…


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Others

Breaking News: IPAB SLP Dismissed!


[Posted on behalf of Prof. Shamnad Basheer, as taken from his email sent out to the SpicyIP subscriber list earlier today]:  In a significant development for Indian IP law, the Supreme Court (a bench consisting of Justices Gogoi and Ramanna) dismissed the government’s appeal in our IPAB PIL matter. With this dismissal, the earlier Madras High Court ruling striking down key provisions of the IPAB as unconstitutional has attained finality. By way of background, I had filed a PIL (public interest…


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Others

SpicyIP Weekly Review (19 July to 25 July)


Our Highlight of the Week was Rupali’s post on the Delhi High Court’s order in the Glenmark-Symed dispute regarding the former’s ‘linezolid API’ drug. The Division Bench order vacated injunction granted by the Single Judge to Synoid against Glenmark, and specified the arrangement that is to be followed by the parties in the time period of the suit. She notes in her post that in light of the Symed’s concessions that Glenmark’s process was not identical and does not infringe…


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Patent

‘Glenmark process’ does not violate Symed’s linezolid patent: DHC


chipping

The Delhi High Court vide order dated 17th July, 2015, gave the green light to Glenmark to continue manufacturing and selling ‘linezolid API’ used for drugs treating pneumonia and other bacterial infections. Glenmark is only one of several generics that were hit by patent infringement suits by Symed who won interim injunction orders in three of these cases. The injunction awarded by the Single Judge in the Glenmark case was vacated by the Division Bench vide an order dated 5th…


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Events Sponsored

National Patent Drafting Competition to be held by IIPRD


IIPRD, in support of Khurana and Khurana, Sughrue Mion, and other Supporting Partners, is planning to conduct a National Level Patent Drafting Competition (NPDC) with the goal of spreading a strong and wide awareness on patent issues whilst also seeking to enable practitioners understand the quintessential sine qua nons of patent drafting. The best part ?  SpicyIP readers get a whole 50% discount on the participation fees (Rs. 550/- instead of 1100/-)  !! Please find the details of the NPDC…


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Traditional Knowledge

Guest Post: Safeguarding the Sacredness of Traditional Knowledge – an Argument for a Sui Generis Framework for its Protection


Illustration by Farzana Cooper, taken from here.

With the current debates and discussions going on around Traditional Knowledge (for e.g., see Praveen Raj’s guest post here, or IPKat’s recent post here) we’re happy to bring our readers a sharp guest post by Rahul Bajaj looking into the intricacies of how a sui generis framework for TK could/should work. Rahul Bajaj is a 4th year law student from Nagpur and is passionate about constitutional law, intellectual property law, cyber law and disability law. He is particularly interested in studying the…


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